Smith v. Warden USP Allenwood, 3:16-cv-01501

Nathaniel Smith, a federal prisoner at USP-Allenwood, filed a pro se § 2241 habeas petition challenging the BOP’s calculation of his federal sentence credit.
Smith was arrested in Maryland on Feb 17, 2010; he received state sentences (including a 5-year term on Feb 26, 2010) and later pleaded guilty in federal court to being a felon in possession of a firearm.
On Mar 21, 2011 the District of Maryland sentenced Smith to an aggregate 89 months and initially awarded credit from Feb 17, 2010 (his arrest date) through sentencing.
After transfer back to state custody and completion of state sentences, the BOP notified the federal court that many days originally credited were also credited to Smith’s state sentence, making double credit impermissible under 18 U.S.C. § 3585(b).
The District of Maryland amended the federal judgment to grant only 258 days of pretrial credit (not the full period Smith sought).
The BOP declined to give a nunc pro tunc designation of the Maryland facility as the place of federal confinement; the district court denied relief, finding no improper double-crediting or BOP abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Smith is entitled to full pre‑sentence credit for time in state custody against his federal sentence	Smith: BOP amended sentence/denial of full credit forces him to serve an extra 464 days	Warden/BOP: Time already credited to state sentence cannot be double‑counted for federal credit under § 3585(b)	Court: Denied habeas relief; double credit prohibited and no evidence Smith was denied credit for any time not already applied to a state sentence
Whether BOP abused its discretion by denying nunc pro tunc designation of state facility under § 3621(b)	Smith: BOP should have designated state prison as place of federal confinement to make sentences concurrent	BOP: District court did not order concurrency; designation would conflict with sentencing court’s intent and goals of criminal justice	Court: No abuse of discretion; BOP acted appropriately given sentencing court’s position

Woodall v. Federal Bureau of Prisons, 432 F.3d 235 (3d Cir.) (§ 2241 challenges to execution of sentence)
Leamer v. Fauver, 288 F.3d 532 (3d Cir.) (habeas review appropriate when deprivation affects fact or length of detention)
Rios v. Wiley, 201 F.3d 257 (3d Cir.) (ad prosequendum custody does not transfer primary jurisdiction; credit rules apply until first sovereign relinquishes jurisdiction)
United States v. Pungitore, 910 F.2d 1084 (3d Cir.) (federal sentence commencement principles)
Barden v. Keohane, 921 F.2d 476 (3d Cir.) (BOP has authority under § 3621(b) to designate state facility nunc pro tunc)
Vega v. United States, 493 F.3d 310 (3d Cir.) (writs ad prosequendum do not transfer custody)
Grimes v. United States, 641 F.2d 96 (3d Cir.) (no entitlement to federal credit for time already credited to state sentence)
Chambers v. Holland, 920 F. Supp. 618 (M.D. Pa.) (§ 3585(b) generally prohibits double credit)